What does Preamble of OPEN Act do?

This bill, formally titled 'To improve immigration enforcement transparency, preserve civil rights, and improve the accountability of immigration enforcement personnel, and for other purposes,' aims to improve immigration enforcement transparency. The bill also seeks to preserve civil rights. The bill intends to improve the accountability of immigration enforcement personnel.

What does SHORT TITLES. of OPEN Act do?

This Act is formally titled the Oversight, Protection, and Enforcement Notification Act, also known as the OPEN Act.

What does DEFINITIONS. of OPEN Act do?

This section defines key terms used within the legislation. “Chokehold or carotid hold” is defined as pressure to the throat or windpipe, maneuvers restricting blood flow, or carotid artery restraints hindering breathing. “Conduct exceeding authorized authority” includes actions without legal authorization, outside assigned duties, or violating federal law, regulation, or DHS policy. Examples of conduct exceeding authorized authority include conducting stops without warrants, misrepresenting authority, and using unapproved tactics. “Excessive force” is defined as physical force or weapons beyond what is objectively reasonable and necessary. Examples of excessive force include discharging a firearm, using chemical agents, physical takedowns, and actions resulting in bodily injury or death. “Member of Congress” includes Senators, Representatives, Delegates, and Resident Commissioners.

What does IMPROVING IMMIGRATION ENFORCEMENT TRANSPARENCY. of OPEN Act do?

This section mandates that the Secretary of Homeland Security ensure unrestricted access to all immigration detention facilities for all Members of Congress, without advance notice. Access includes the ability to speak privately with detained individuals and facility personnel, observe conditions of confinement, and be accompanied by relevant experts. The Secretary must also ensure detained individuals have timely access to legal counsel, faith leaders, and family members. Operators of immigration detention facilities may not delay or deny access to Members of Congress, and must report any such incidents to specified congressional committees within 72 hours. Repeated noncompliance with access requirements may result in disciplinary action against Department personnel. The Secretary is required to publicly report, on an aggregated basis, allegations and incidents of misconduct by immigration enforcement officers, including excessive force, exceeding authority, and sexual assault. Each immigration detention facility must maintain a confidential and accessible grievance process for detained individuals to report grievances. If an investigation confirms excessive force or misconduct, the relevant agency head must remove the responsible individual from duties involving detained individuals.

What does PRESERVING CIVIL RIGHTS. of OPEN Act do?

This section outlines requirements related to the use of force during immigration enforcement operations, prohibiting excessive force. It mandates notification to a detained individual's immediate family within 5 hours of detention, and guarantees access to a phone call within 5 hours. Detained individuals are guaranteed access to legal counsel and a faith leader within 12 hours, and reasonable accommodations for legal documentation. The Secretary of Homeland Security must ensure timely medical and mental health services, including emergency care and access to VA healthcare if applicable. Legal counsel or designated representatives must be notified immediately upon transfer to a hospital or emergency room, and family members should be notified of the location as soon as practicable. Transfers to other detention facilities require notification to legal counsel, designated representatives, and next of kin within 24 hours, along with details of the facility and contact information. Transfers must be justified in writing, detailing administrative or safety reasons, and a medical transfer summary must be provided. Transfers are restricted if a facility lacks resources for necessary specialty care. Transfers must only occur if both facilities attest to bed availability, appropriate housing, and compliance with federal detention standards. Transportation standards include seatbelt use, prohibiting overcrowding, providing adequate ventilation and food, and accommodating individuals with disabilities in compliance with the Americans with Disabilities Act. Incidents involving violations of transportation standards must be documented and reported to specified offices. The Office for Civil Rights and Civil Liberties of the Department of Homeland Security is to be reconstituted with an independent reporting structure.

What does LIMITATIONS ON CONVERSIONS OF EXISTING BUILDINGS INTO IMMIGRANT of OPEN Act do?

This section restricts U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) from repurposing existing facilities (warehouses, state-run facilities, or correctional facilities) into immigration detention centers without adhering to specific requirements. The section mandates that any new immigration detention center must comply with all applicable federal detention and safety standards. Contracts for operating these centers must include financial penalties for failing to meet these standards. Individuals detained in these facilities are guaranteed access to legal counsel, faith leaders, and family members. Independent inspections are required before operations begin and on a recurring basis, with access granted to State Attorneys General, the Department of Homeland Security's Office for Civil Rights and Civil Liberties, and a court-appointed monitor. The Secretary of Homeland Security must report inspection results to Congress and the relevant state governor within 14 days. The section requires advance notice and briefings to state and local officials regarding facility operations, population levels, and safety protocols. The Secretary must consult with state and local officials regarding the impact of the detention center on local infrastructure. The Secretary must certify that the facility adheres to state health and safety standards unless those standards conflict with federal immigration law. This section clarifies that it does not waive the supremacy of federal law.

What does WARRANT REQUIREMENTS. of OPEN Act do?

This section establishes warrant requirements for arrests and detentions by U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) officers. Generally, officers may not arrest or detain an individual without a judicially enforceable warrant issued by a magistrate judge or a judge appointed under Article III of the Constitution. Administrative warrants issued by the Department of Homeland Security cannot authorize entry into a private residence or dwelling, nor can they justify forced entry without consent. Exceptions to the administrative warrant restrictions apply to individuals determined to be a flight risk or a danger to the public. Information obtained during an immigration enforcement action violating this section is prohibited from being used in removal proceedings. A noncitizen subject to removal proceedings may file a motion to enforce the prohibition and potentially terminate proceedings if a violation occurred.

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OPEN Act

Last updated: 5/20/2026 · Introduced: 5/20/2026

Author: Michael Bennet (D-CO)

TL;DR (AI)

The OPEN Act mandates unrestricted congressional access to immigration detention facilities, including private conversations with detainees and facility personnel, to improve oversight.
This bill prohibits excessive force and requires timely notification to family members, legal counsel, and faith leaders during immigration enforcement operations, safeguarding civil rights.
The bill restricts ICE and CBP from repurposing existing buildings into immigration detention centers unless they meet federal safety standards and undergo independent inspections.
Generally, ICE and CBP officers must obtain a warrant before arresting or detaining individuals, with limited exceptions for flight risks or public safety concerns.
The bill reconstitutes the Department of Homeland Security’s Office for Civil Rights and Civil Liberties with an independent reporting structure to enhance accountability.

119th Congressin committeeHR. 9070(In Committee)Official page

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